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HomeMy WebLinkAboutContract 49910 CITY OF FORT WORTH, TEXAS CITY SECRETARY CONTRACT NO. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and CMJ Engineering, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Geotechnical Engineering Services, Old Hemphill Drop-Off Station, located at 6260 Old Hemphill Road, Fort Worth, Texas. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A"—Scope of Services; 3. Attachment "B"—Verification of Signature Authority Form. Attachments A and B, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachments A or B and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with the Old Hemphill Drop-Off Station project. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $3,191.00 unless the City and the Consultant mutually agree upon a fee amount for additional sery-ces and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the Pa,ymen%for services r4n 2�, shall be due within thirty (30) days of the uncont sted performance f the pad Q services so ordered and receipt by City of Consultant FA44#115AWen i of same �' - CITY SECRETARY c ` City of Fort Worth,Texas-Standard Agreement for Professional Services(Rev. 0/3(1�1VfORTH 9 TXPage 'of'9 Old Hemphill Drop-Off Station—CMJ Engineering,Inc. October 2017 Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 18- months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas-Standard Agreement for Professional Services(Rev.10/30/2017) Page 2 of 9 Old Hemphill Drop-Off Station—CMJ Engineering,Inc. October 2017 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Architectural Services, Attention: Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. City of Fort Worth,Texas-Standard Agreement for Professional Services(Rev.10/30/2017) Page 3 of 9 Old Hemphill Drop-Off Station—CMJ Engineering, Inc. October 2017 f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement. City of Fort Worth,Texas-Standard Agreement for Professional Services(Rev.10/30/2017) Page 4 of 9 Old Hemphill Drop-Off Station—CMJ Engineering,Inc. October 2017 (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (SBE) Participation This paragraph is not applicable for this project. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies City of Fort Worth,Texas-Standard Agreement for Professional Services(Rev.10/30/2017) Page 5 of 9 Old Hemphill Drop-Off Station—CMJ Engineering, Inc. October 2017 having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth,Texas-Standard Agreement for Professional Services(Rev.10/30/2017) Page 6 of 9 Old Hemphill Drop-Off Station—CMJ Engineering,Inc. October 2017 City of Fort Worth: Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 13th Street Fort Worth, Texas 76102 Consultant: CMJ Engineering, Inc. Attn: R. Carl Lee, S.E.T. 7636 Pebble Drive Fort Worth, Texas 76118 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Article XVII Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. House Bill 89— Boycott Israel Prohibition Provision Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel;and(2) will not boycott Israel during the term of the contract. City of Fort Worth,Texas-Standard Agreement for Professional Services(Rev.10/30/2017) Page 7 of 9 Old Hemphill Drop-Off Station—CMJ Engineering, Inc. October 2017 Article XVIII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the 01—day of &W2017. BY: BY: CITY OF FORT WORTH CONSULTANT ---- CMJ E gineering, Inc./ , ,� I, l�(/ZL— _ -f-, Jesus J. Chapa R. Carl Lee, S.E.T. Assistant City Manager Executive Vice President Date: Date: l0A� Ar,pVA RECOMME QED: By: e e Cooke Director, Property Management APPROVED AS TO FORM AND LEGALITY M&C No.: Not Required By:. 4X� -- M&C Date: N/A John Strong OF,......... T Assistant City Attorn ,i V ATTEST: * 2 rm 1295 Certification: N/A Mary J. ser City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Cs� Brian R. Glass,AIA Architectural Services Manager The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas, 78758, telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes,Article 249a. City of Fort Worth,Texas-Standard Agreement for Professional Services(Rev.10/30/2017) Page 8 of 9 Old Hemphill Drop-Off Station—CMJ Engineering, Inc. October 2017 ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTHORITY CMJ ENGINEERING, INC. 7636 PEBBLE DRIVE FORT WORTH, TEXAS 76118 Consultant hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Consultant and to execute any agreement, amendment or change order on behalf of Consultant. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Consultant. Consultant will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Consultant. 1. Name: l�cr�si� �. W; l(ta.�s Position- Sign ure 2. Name: Position: ! �` Signature 3. Name: Position: Signature Name: Signature f President/// CEO Other Title: Sc G�fir ' Date: �0�3 ��►� City of Fort Worth,Texas-Standard Agreement for Professional Services(Rev.10/30/2017) Page 9 of 9 Old Hemphill Drop-Off Station—CMJ Engineering, Inc. October 2017 7636 cMJ ENGINEERING, INC. ,��[T �1t NT I� FortWorth,T�6118 www.cmjengr.com Estimate No. 17-6646 October 24, 2017 City of Fort Worth Property Management Department 401 West 13th Street Fort Worth, Texas 76102-4616 Attn: Mr. Alfonso Meza, AIA ESTIMATE FOR: GEOTECHNICAL ENGINEERING SERVICES OLD HEMPHILL DROP-OFF STATION FORT WORTH, TEXAS Dear Mr. Meza: INTRODUCTION CMJ Engineering, Inc. (CMJ) is pleased to submit an estimate for providing geotechnical engineering services in conjunction with the above-referenced project. We prepared this estimate based on an email from Mr. Alfonso Meza, AIA with the City of Fort Worth and on the preliminary scope submitted to this office. CMJ understands that we have been selected for this project based solely on our qualifications. Further, we understand that the City of Fort Worth is negotiating scope and fee exclusively with CMJ at this time. The project is located at 6260 Old Hemphill Road in Fort Worth, Texas. The project, as currently planned, consists of a single-story building with a footprint of approximately 1,200 square feet. Area paving is also planned. For purposes of this estimate, it is assumed that all borings are accessible to truck-mounted drilling equipment. In addition, it is assumed that underground utilities at boring locations will be coordinated by CMJ. Phone(817)284-9400 Fax(817)589-9993 Metro(817)589-9992 CMJ ENGINEERING,INC. City of Fort Worth Estimate No. 17-6646 October 24, 2017 Page 2 SCOPE OF SERVICES I. BASIC SERVICES A. SUBSURFACE EXPLORATION Experienced drillers and technicians will evaluate subsurface conditions with one (1) sample boring extended 5 feet into gray limestone to an estimated total depth of 20 to 25 feet. The field personnel will drill the boring using truck-mounted equipment. Cohesive and non- cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of the boring will be prepared to document field activities and results. CMJ's personnel will stake the boring location using normal taping procedures. ,Approximate locations of the boring will be shown on the plan of boring. Precise surveying of boring location and elevation is not included in the cost estimate. These services may be provided as Additional Services upon request. At the completion of drilling operations, borehole will be backfilled with drill cuttings and patched with a concrete patch. B. LABORATORY SERVICES Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics: The following types of tests are therefore recommended: • moisture content and soil identification • liquid and plastic limit determinations • unconfined compression tests on soil • unit weight determinations • absorption pressure and/or one-point pressure swell tests The specific types and quantities of tests will be determined based on geologic conditions encountered in the boring. C. ENGINEERING SERVICES An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide two copies of the report and an electronic copy.. The report will address: CMJ ENGINEERING,INC. City of Fort Worth Estimate No. 17-6646 October 24, 2017 Page 3 • general soil and ground-water conditions • recommendations for foundation type, depth and allowable loading • foundation construction requirements • recommendations for floor slab support, including an evaluation of the swell characteristics of the subgrade soils • earthwork recommendations • guidelines for pavement design Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services. Additional Services are described in Section II. D. COMPENSATION FOR BASIC SERVICES It is proposed that the Basic Services described above be performed on a unit price basis, in accordance with the attached Basic Services Cost Estimate. Based on the anticipated scope and the attached Basic Services Cost Estimate, the total cost of the Basic Services should be on the order of$3,191. The estimated costs shown in this estimate are based on the anticipated soil conditions. The final invoice will be based on the specific quantities drilled and tested. If unanticipated conditions are encountered during drilling, we will notify you accordingly. E. SCHEDULE FOR BASIC SERVICES Weather permitting, we plan to initiate these studies within seven days of receipt of notice to proceed, and anticipate that one working day will be required to complete the subsurface exploration for the site (weather conditions permitting). You will receive the final report approximately three weeks following the completion of the field phase. We will make preliminary design data available sooner if necessary. II. ADDITIONAL SERVICES A. AUTHORIZATION AND SCOPE Additional Services will be performed only if specifically requested and authorized by Client. Additional Services may consist of the following: CMJ ENGINEERING,INC. City of Fort Worth Estimate No. 17-6646 October 24, 2017 Page 4 • Additional subsurface exploration, including quantities or items other than described in Basic Services. • Bulldozer or other equipment services required to achieve access to boring locations. • Stand-by time or time in excess of one-half hour required for travel between boring locations. • Additional laboratory services, including quantities or items other than described in Basic Services. • Additional insurance coverage or limits (if available) other than CMJ's standard policies. • Additional engineering services, including personnel time and expenses for items not specifically described in Basic Services. This may include, but is not limited to, additional meetings requested by Client or Client's other consultants, assistance to Client in dealing with regulatory agencies, preparation and engineering assistance in legal proceedings, and evaluation of alternative designs for the project or relocation of structure, following initial submittal of the geotechnical report. • Additional copies of the report, other than the number described in Basic Services. • Any other required or requested services authorized by Client, other than those specifically described in Basic Services. B. COMPENSATION AND SCHEDULE FOR ADDITIONAL SERVICES Additional Services, when authorized by Client, will be in accordance with our Schedule of Fees. Additional Services will be performed at reasonable times and within reasonable schedules as requested by Client. Authorized Additional Services will be billed as a separate item on invoices and a description of the Additional Services will be provided. III. TERMS AND CONDITIONS The scope of services will be performed pursuant to the Master Agreement with the City of Fort Worth. Thank you for the opportunity to present this estimate. Do not hesitate to call if you have any questions or if you have suggestions regarding changes to the agreement or to the proposed scope of services. We look forward to working with the City of Fort Worth and its consultants on this project. CMJ ENGINEERING,INC. City of Fort Worth Estimate No. 17-6646 October 24, 2017 Page 5 Respectfully submitted, CMJ ENGINEERING,INC. 114(J// . Matthew W. Kammerdiener, P.E. Project Engineer copies submitted: (1) Mr. Alfonso Meza, AIA; City of Fort Worth (mail & e-mail) CMJ ENGINEERING, INC. GEOTECHNICAL ENGINEERING SERVICES BASIC SERVICES COST ESTIMATE PROPOSAL: 17-6646 DATE: October 24, 2017 PROJECT: Old-Hemphill Drop-Off Station Fort Worth, Texas SUBSURFACE EXPLORATION Quant. Unit$ Total $ Mobilization (Drill Rig) 1 450.00 450.00 Mobilization (Concrete Coring Rig) 1 250.00 250.00 Concrete Core & Patch (ea.) 1 125.00 125.00 Soil Drilling-Intermittent Sampling (0-25 ft.) 25 13.00 325.00 Cleanup (hr.) 1 250.00 250.00 Underground Utility Check 1 150.00 150.00 Subtotal Subsurface Services $ 1,550.00 LABORATORY SERVICES Moisture Content and Soil Identification 8 6.75 54.00 Percent Passing No. 200 Sieve & Hydrometer 1 200.00 200.00 Liquid and Plastic Limits 2 52.50 105.00 Unconfined Compressive Strength-Soil 2 44.00 88.00 Unit Weight 3 11.50 34.50 Free Swell 1 73.50 73.50 Subtotal Laboratory Services $ 555.00 ENGINEERING SERVICES Senior Principal Engineer 2 128.00 256.00 Staff Engineer 8 88.00 704.00 Drafting & Secretarial Support 3 42.00 126.00 Misc. Expense (report production, mileage, etc.) 1 100.00 100.00 Subtotal Engineering Services $ 1,086.00 TOTAL ESTIMATE $ 3,191.00 ( ` {9\ 4 o S EEMENmS 1`_.,.,.n !' ^• � ORT WORTH. 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